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# Re: Cease and Desist!

- Date: Sun, 2 Jun 1996 19:21:49 PDT
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- Newsgroups: local.moo
- Organization: Where Stormnet meets the Internet
- References: <199606021949.UAA05705@suma3.rdg.ac.uk> <199606022016.PAA02822@eli.wariat.org>

    Followup to:  <199606022016.PAA02822@eli.wariat.org>
    By author:    "Robert J. Brown" <rj@eli.wariat.org>
    In newsgroup: local.moo
    >
    > First off, this guy has no idea what he is talking about, since you
    > cannot copyright a company name, although you can trademark it.  Just
    > because he has named his company does not automatically infer
    > protection on that name.
    >
    > Due to his ignoprant statement, I doubt that he has actually
    > registered his company name in his home county, much less at the state
    > level.  He is not elligible for trademark protection until he has done
    > interstate commerce (meaning the sale of goods or services across
    > state lines), and ebven then, he must file for it after a search, and
    > the protection is only in the areas he registered it under.
    >

    INCORRECT - Trademark protection applies whether or not it has been
    registered (and you are not required to do a search, although it is
    generally wise since someone else may have an unregistered conflicting
    trademark.)  However, if unregistered you can not sue for legal costs.

    > His statements show that he does not know what he is talking about.  I
    > suspect he made up a company name, but has not obtained the required
    > state or federal taxpayer ID number for a corporation, much less
    > registered a trademark.

    That is legal.  A trademark is defined by use, not by registration.
    He needs to have a "ficticious name statement" filed in his home
    county, however.

    > If you really want to goose him, register the trademark yourself, and
    > the sue him!  This has been done before: re the great case of Bonanza
    > steak houses vs Ponderosa steak houses.

    Won't work; his trademark would have precedence (if it has been used
    in interstate or international commerce.)

    	-hpa
    --
    PGP public key available - finger hpa@zytor.com
    "The earth is but one country, and mankind its citizens."  --  Bahá'u'lláh
    Just Say No to Morden * Save Babylon 5: http://www.babylon5.com/cmp/support/

Follow-Ups:

- Re: Cease and Desist!

- From: "Robert J. Brown" <rj@eli.wariat.org>

References:

- Re: Cease and Desist!

- From: M.K.Houghton@reading.ac.uk

- Re: Cease and Desist!

- From: "Robert J. Brown" <rj@eli.wariat.org>

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